With the advancement in technology and e-commerce websites, there has been a rapid increase in sale of counterfeit products, identity fraud etc. Recently, the High Court of Delhi (“High Court”) in...
Published On: 05/02/2022
Practice Area: Intellectual Property
Authors:
Bharadwaj Jaishankar
Kshitij Parashar
The Delhi High Court recently denied injunction to the brand owner of "Rooh Afza" in a suit for trade mark infringement brought against the defendant for its use of the mark "Dil Afza" and applied the test of confusion from the standpoint of an "average consumer with imperfect recollection". The test of an average consumer with imperfect recollection is not a new concept and has been expounded by courts over a long period of time. INDUSLAW's Bharadwaj Jaishankar and Kshitij Parashar have tried to breakdown this test for a better understanding for a brand owner.
